Court Marriage Procedure in India

The Special Marriage Act of 1954 governs court marriages in India. In the presence of a Marriage Officer and three witnesses, the marriage can be solemnized in a courtroom. Court marriage can take place between two Indians of any caste, religion, or creed. A court marriage between an Indian and a foreigner is also possible. We shall examine the Court Marriage Procedure in India in depth in this article.

Conditions for Court Marriage

Section 4 of the Special Marriage Act establishes court marriage rules.

• Before signing the Civil Marriage Contract, the parties must meet the requirements set forth in the act.
• Neither of the parties should have an active legitimate marriage with another individual. If the prior spouse is deceased or divorce has been granted, the pair can proceed with the marriage.
• The parties must have freely consented to the court marriage; that is, none of the court marriage parties must be incapable of giving legal consent due to insanity or any other circumstance.
• A bridegroom must be 21 years old to marry, while a bride must be 18 years old.
• The marriage partners should not be in a banned relationship, to begin with.

The document contains information about the Degree of Prohibited Relationship:

Documents Required for Court Marriage in India

For the legal marriage process to be completed in court, the applicant must provide specific documents.

Bride and Groom Documents

• Both the bride and the groom must sign the marriage application form.
• Receipt of the payment
• Both parties’ proof of age documents (SSLC book or Birth Certificate)
• Proof of residential address (Aadhar Card, Voter ID, Ration Card or Driving License)
• Affidavit
• Photographs of the bride and couple in passport size (2 copies)
• In the event of a divorcee, a copy of the divorce decree; in the case of a widow/widower, a copy of the spouse’s death certificate.

Documents of Witnesses

• One passport size photograph
• PAN card
• Proof of Identification – Driving license, Aadhar Card

Documents required in case of Foreign National

• In the event that a judicial marriage is solemnized between an Indian and a foreign national, the petitioner must present the following documents in addition to the ones listed above:
• A copy of your passport with a current visa.
• Documentary proof of one of the parties’ stays in India for more than thirty days (proof of residence or a report from the appropriate Station House Officer (SHO)).
• A foreigner partner’s NOC or Marital Status certificate from the applicable embassy or consulate in India.

Attributes in Affidavit

For the solemnization of a judicial marriage in India, the bride and groom must submit separate affidavits.

• Your birthdate
• Relationship status (married, divorced, or widowed)
• A statement stating that the spouses are not linked in the forbidden degree of relationships.

Other Condition for Court Marriage

If the marriage is to take place in the state of Jammu and Kashmir, both parties must be Indian nationals. In the state of Jammu and Kashmir, there is no procedure for being married in court with foreign nationals, according to the special marriage statute. A foreigner must dwell in India for at least thirty days before marrying under the Special Marriage Act of 1954. They must show proof of residency. If the foreigner does not have proof of residency, they can obtain it at the local police station in the jurisdiction in which they are currently residing.

Court Marriage Fee

The cost of marriage varies by state. Fees for court marriage procedures typically range from Rs.500 to Rs.1000. However, it is a good idea to double-check the fees before submitting the court marriage application form.

Procedure for Court Marriage in India

The judicial marriage procedure in India is described in detail below:

Notice of Intended Marriage

The preparation of the notice of intending marriage is the first stage in a court marriage. The parties to the marriage must send notice to the Marriage Registrar of the districts where at least one of the parties has resided for thirty days immediately preceding the date on which such notice is given in a prescribed format.

Publishing of Notice

The notice will be published by the marriage by affixing it to a prominent location at the Marriage Registrar’s office, and the original copy of the notice will be kept in the official records.

Objection to Marriage

Any person who has an objection to the marriage has 30 days from the date of the marriage officer’s notice to file their objection. If the marriage officer determines that the objection raised is valid, the judicial marriage process will be terminated. If the objection is unfounded, the officer will proceed with the court-ordered marriage registration.

Declaration by Parties and Witness

Before the marriage may be performed, the partners must sign a court marriage application form, which must be witnessed by three witnesses, stating that the parties are doing so with their free agreement.

Solemnization of Marriage

The marriage can take place at the Marriage Officer’s office or at any other location within a reasonable distance that the couple wishes. An additional charge must be paid if the wedding is held in any other location.

Get the Marriage Certificate

The marriage registrar puts the details in the marriage register and the marriage certificate is issued once the marriage is solemnized according to the rules and regulations of the special marriage act. Following the signatures of the parties and witnesses, the judicial marriage certificate is proof of the couple’s legitimate marriage.

Also, read: Delhi marriage certificate
Divorce Law In India